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Recent Blog Posts
How to Calculate Illinois Child Support Payments
Sometimes, even the so-called “simplest” divorces, where the parties have no children, can be stressful and tedious. But if you add children-related issues in a divorce, you have an entirely different set of issues which must be addressed before you can finalize your divorce. One of those issues is child support, which is a very important subject for many divorcing couples, especially if one parent has the children more often than the other. Child support is the financial obligation that both parents have to their children, and it is important that each parent pays his or her fair share.
Calculating the Basic Child Support Obligation
First, each parent’s monthly net income is calculated. Then, both of the parents’ net incomes are added together. The Illinois Department of Healthcare and Family Services (IDHFS) is the governing body that deals with child support calculations, and they periodically publish guidelines for calculating child support based on parents’ combined income. The IDHFS’s basic child support obligation table lists a child support obligation amount that corresponds with parents’ combined income and the number of children they have. This number is what the state of Illinois considers to be the total amount that parents at that income level are expected to provide for their children.
4 Reasons Why Your Illinois Prenuptial Agreement May Be Found To Be Invalid
Divorces can sometimes be messy, long, and complicated. As a result, prenuptial agreements have become increasingly popular for many couples, since they can help avoid some of the issues that can make divorces more difficult. Contrary to what movies or television shows might have us believe, prenuptial agreements can be utilized by more than just the uber-wealthy. These agreements can be helpful for any couple, because they allow spouses to make decisions about how certain matters will be handled in the event of a divorce.
While a prenuptial agreement can be beneficial for you and your spouse, it must follow specific legal rules about its content and format. If you do not follow these rules, your prenuptial agreement may not hold up in court. Here are a few reasons why your agreement may be found to be invalid in court:
Dealing With Parent and Child Relocation After an Illinois Divorce
There are many reasons why a person would want to move after they have completed a divorce. Getting a new job, starting a new relationship, moving closer to family, or just getting a fresh start are all common reasons why people choose to relocate to a new home. However, when you add children into the picture, relocation could become more complicated. You cannot just pick up and move with your child if you have an existing parenting plan in place. You must first request permission to relocate from the child’s other parent. Then you must request permission to modify your parenting plan from the courts. Taking the correct steps when you are moving is the key to a successful relocation.
Notifying the Other Parent
If you have been allocated a majority of the parenting time or an equal amount of parenting time as your child’s other parent, you can request to relocate with your child. To do so, you must first provide a written notice of the relocation to your child’s other parent, and provide a copy of the notice to the clerk of the circuit court where you were divorced. The notice should be given at least 60 days in advance of the intended relocation, and it should include the date of the intended relocation, the address of your new residence, and the length of time the relocation will last (if it is not permanent).
Longstanding Alimony Tax Deduction Ends December 31
2019 will bring a significant change to post-divorce life for many Americans, due to the 2017 federal tax reform legislation that will reverse a provision that dates back seven decades. For divorces which are completed on January 1, 2019 and afterwards, individuals who pay spousal maintenance (alimony) to a former spouse will no longer be able to deduct that amount from their taxes, a deduction which has been allowed since the 1940s. Also, individuals who receive spousal maintenance will no longer be required to declare those payments as taxable income.
This modification is expected to add a substantial amount to the U.S. Treasury’s bottom line each year. In 2010, approximately 600,000 Americans claimed the alimony tax deduction, which added up to more than $10 billion.
As a result of this change, which will greatly impact high-net-worth individuals and couples, divorce lawyers across the country say they have seen a noticeable uptick in divorces leading up to the December 31 deadline. The reason for this is simple: there will be less money for families once the new law goes into effect.
Receiving Child Support in Illinois Divorce and Family Law Cases
When an unmarried couple has a child but later splits up, or when a married couple gets a divorce, or when a couple was not in a relationship to begin with, it is typically necessary to set up child support in which one parent makes a recurring payment to the other parent for the benefit of the child. While this is often achieved without difficulty, that is not always the case.
Child Support for Divorced Parents
During the divorce process, child support is one of the most important child-related issues to resolve, along with the allocation of parental responsibilities (formerly referred to as custody) and parenting time (previously called visitation). In 2017, Illinois adopted what is known as an “income-sharing model” for calculating child support, in an attempt to allow children to maintain the same standard of living as they would have if their parents were married.
Should I Get a Prenup?
While you hope your marriage will stand the test of time, there is nothing wrong with planning for the worst-case scenario before you tie the knot. A prenuptial agreement is not an indictment of your relationship or its long-term potential. Instead, it displays a couple’s willingness and vision to account for various important issues if the marriage someday comes to an end. It can be considered an insurance policy to protect both parties.
If you are unsure if a prenup is right for you, here are some examples of types of individuals who should strongly consider crafting one with the help of a skilled family law attorney prior to their wedding day:
Entrepreneurs
If you own a business separately or together, or if you are involved in an enterprise with multiple business partners, a prenup can ensure business interests are not negatively impacted by a divorce. You can draw clear parameters as to who will own what business assets and provide exit agreements if your marriage ends in a contentious manner.
Can Couples Counseling Help Prevent Divorce?
Even marriages that do not end in divorce have their share of struggles. Couples who stay together for years or decades sometimes look back and identify the good times and the bad times. When a couple is experiencing relationship difficulties, they may consider what steps can be taken to save their marriage.
As men have increasingly rejected the emotionally closed-off approach that was common in past generations, marriage counseling has become an effective way to save a relationship. It can also provide a thorough diagnosis of whether a marriage is salvageable at all, or whether divorce is the best choice for a family.
How Effective Is Marriage Counseling?
With more than a quarter-century of research into the topic, the American Psychological Association says that modern couples counseling with the emotionally-focused therapy (EFT) model is now around 75% effective. EFT seeks to change the interaction patterns between disaffected spouses, which can alter emotional responses and strengthen the bond between them.
4 Ways to Be a Good Divorced Parent
No one gets married thinking they will get divorced someday. But when a divorce occurs, former spouses may feel like they are lost in a new, unfamiliar world, and may allow the stress of a divorce to impact how they treat their children, or they may feel that they are involved in a competition for a child’s love now that they do not see them all the time. Sometimes, adults alter their parenting in ways that do not help their children or themselves.
Here are four ways to approach parenting which will protect important parent-child relationships and allow your family to heal from the difficulties of divorce:
1. Do Not Try to Buy Affection
When splitting custody for the first time, it is understandable for parents to want their children to enjoy their time with them to the fullest. Unfortunately, this can turn into a spending war to see who can give the most gifts or plan the most expensive activities. If your ex takes your children to an expensive amusement park or buys them a new gaming system, do not feel like you have to top that the next week. The best thing you can do is provide the stability and support they need and appreciate.
3 Tips for Successful Co-Parenting on Halloween
Halloween is not a major holiday, so it is a day that often is not listed in parenting agreements, but it can be one of the biggest days of the year for young children. Divorced or separated parents should respect what should be a great time for their kids. Here are some ways parents can work together on Halloween, even though they are no longer together:
1. Remember Who Halloween Is For
Halloween is about the kids, not about you. If you are early in the divorce process, and emotions are still raw, you may prefer to step away for the day if you think you cannot handle the situation properly. As with the other holidays, it may be best to divide Halloween between parents on alternating years. If you can participate in Halloween activities together with your children, that is great. If not, do not force it and ruin what should be a good time.
Common Parenting Mistakes to Avoid During Divorce
The end of a marriage is frequently painful for everyone involved, including parents and children. Parents may not always understand the effects that divorce can have on their children. Kids rarely fully grasp the reason for the split, but they may find themselves acting as the middlemen between feuding parents. By the end of the divorce process, many children experience stress and anxiety, and the emotional scars can follow them well into adulthood, and into their future relationships.
If you are planning to get divorced, you can help your child cope with the decision by avoiding these common parenting mistakes:
Do Not Make Your Child The Go-Between
Although you may not want to speak to your spouse, you are the adult in the situation. Do not give your children messages to be passed back and forth with your spouse. Being the messenger puts unnecessary emotional stress on children, and it can negatively impact their relationship with both parents. If you do not want to have a phone conversation with your ex, consider texting or emailing them - find another solution for communication that does not involve putting your children in the middle of a possible dispute.
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